MuLTNoMAH LAwYER

Lawyers associated for justice, service, professionalism, education and leadership for our members and our community. March 2005 Volume 51, Number 3 Polishing Our Image MBACLE By Sylvia Stevens, MBA President. To register for a CLE, please see the inserts in this issue or go to When lawyers are asked what their Society suffers when lawyers are collectively and unfairly demonized www.mbabar.org. bar associations should be doing, a and demeaned. e public image of lawyers affects the public’s belief common answer is “improving the in our justice system and the rule of law on which it is premised. image of lawyers.” It is not exactly March news that the public considers the ere is good news, however. e very survey respondents who report Monday, March 21 legal profession to be one of the least a negative perception of lawyers generally have quite different views YLS Commercial Litigation CLE reputable institutions in America, about their personal experiences with a lawyer. Whether or not they Series begins somewhere below the media. believe justice was done in their cases, survey respondents indicate a high degree of satisfaction with their own lawyer’s knowledge, Monday, March 28 Some lawyers believe that attempts to change that public perception handling of the case, and sensitivity to the client’s concerns. Even YLS Commercial Litigation CLE are futile, that the public perception of lawyers is out of our more interesting, a majority of people surveyed also express the belief Series continues control. ey cite authorities from before Shakespeare’s time for the that law is a good and even respectable profession for their children. Wednesday, March 30 proposition that lawyer bashing has been around as long as there have New Residential Construction been lawyers. at may be true, but it seems that the image of lawyers So what can we do to close the gap between the public’s perception of Defects: Scraping off the Mold and the profession has become increasingly negative during the last us and reality? e answer lies in education. When asked what can be Dean Aldrich two or three decades. done to improve the reputation of lawyers and the legal profession in Robert Muth society, survey respondents mention communication and information. Susan Whitney e problem, I think, is that the public impression of lawyers is largely e MBA Public Outreach Committee’s overtures to the media have the product of the fictionalized portrayals of lawyers that are staples been well received and we are working together to develop articles Thursday, March 31 of the entertainment industry. Perry Mason is perhaps the most well- that will enhance public understanding of the rule of law, the legal Direct and Cross Examination known fictional lawyer of modern times, who almost never lost a system, the need for an independent judiciary, and the need for – Keeping it Simple and case and always outsmarted the police and the prosecution. More adequate court funding and facilities. We are also working on articles Getting it Right oen, however, lawyers are portrayed in books, movies, and television that will provide general information about substantive legal issues. Hon. Michael McShane as greedy, manipulative, corrupt or just plain foolish. ink of the Linda Rudnick murdering partners in e Firm, the scheming insurance lawyers Individual lawyers can play a vital role in this public outreach as well. in Runaway Jury, the marginally ethical or personally foolish in e Remember that the law and the legal system is a mystery even to some April Practice and L.A. Law. And my personal favorite, Ally McBeal. of our more sophisticated clients. e most common complaint clients have is that their lawyers don’t communicate well or oen enough. Monday, April 4 Lawyers in the news sometimes contribute to these fictional notions We all know the importance of clear and realistic explanations about YLS Commercial Litigation CLE of the profession. ere is widespread belief that wealthy, high-profile fees and possible outcomes, and regular communication as the matter Series continues citizens avoid civil and criminal liability because of legal technicalities progresses. We should also take advantage of opportunities to explain Wednesday, April 6 and the clever maneuvering of their high-powered, highly- the bigger picture to clients, to help them put their personal legal Multnomah County Judges Trial compensated lawyers. Every network and cable television station has matter in a larger context that will aid their understanding of our Practices: Judicial Perspectives at least one legal pundit who is as much a celebrity as a purveyor of system of dispute resolution. Every interaction with the legal system on Communicating with the reliable information. is a learning experience for clients; we can help to assure that clients Trier of Fact learn the truth and don’t merely reinforce the media stereotypes. Hon. Katherine Tennyson Entertainment and news media is the only exposure most Americans Hon. John Wittmayer have to the legal profession. If the “entertainment model” is the Don’t limit your outreach to clients. Talk to your friends, relatives Hon. Janice Wilson public face of the profession, it is no wonder there is such a profound and neighbors about legal issues facing the community and our misunderstanding of who we are, what we do, and why we do it. society at large; help them understand, for instance, why judicial Monday, April 11 campaigns must be non-partisan and what they should look for in YLS Commercial Litigation CLE It does not help that the specialized knowledge and skill that enables a judicial candidate. Explain the rule of law, separation of powers Series continues us to serve our clients sets us apart from other citizens. We have and other basic concepts of our system they may have forgotten or Thursday, April 14 connections with politics, the judiciary, government, big business never learned. Help them understand why society must provide legal Clark County Practice and and law enforcement that is perceived as enabling us not only to play services to indigent citizens, particularly criminal defendants. Laugh Procedure the system but to shape it to our own purposes. Our knowledge is at lawyer jokes if you must, but use them as tools for education. Hon. Robert Harris something that can be used for or against people’s interests. And we profit from our ability to resolve the problems of people in crisis. We Improving the image of lawyers and the legal profession by dispelling Monday, April 18 are perceived as not policing ourselves well and bar associations are myths and stereotypes is our responsibility. In the words of some YLS Commercial Litigation CLE viewed not as protectors of the public but as clubs that protect the 1960’s sage, if we aren’t part of the solution, we are part of the Series continues interests of lawyers. problem. Start polishing today.

e inaccurate portrayal of lawyers in fiction and as celebrities which fuels much of the negative public perception is more than In This Issue just disappointing and frustrating. It is dangerous to our way of life. New on the Shelf...... p. 3 Announcements...... p. 4 Multnomah Bar Ethics Focus...... p. 4 Around the Bar...... p. 7 MULTNOMAH BAR ASSOCIATION PRSRT STD Association Tips From the Bench...... p. 8 620 SW FIFTH AVE., SUITE 1220 News from the Courthouse.....p. 8 U.S. POSTAGE Profile - Judge Landau...... p. 9 PORTLAND, 97204 Annual Dinner PAID YLS...... p. 10 Classifieds...... p. 14 PORTLAND, OR Wednesday, May 18 Dress for Success...... p. 16 PERMIT NO. 00082

Portland Marriott Downtown MULTNOMAH BAR 1401 SW Naito Parkway ASSOCIATION 620 SW 5TH AVE SUITE 1220 PORTLAND, OREGON 97204 Please mark your calendar! 503.222.3275 FAX 503.243.1881 WWW.MBABAR.ORG M u L T N o M A H LAWYER M A R C H 2 0 0 5

BOARD OF DIRECTORS BANKRUPTCY ATTORNEYS Need Help? MBA Board of Directors Staff overwhelmed? President �������������������� Sylvia E. Stevens Expert document preparation services President-Elect 17 years experience Kelly T. Hagan Fast turn-around Attention to detail Secretary Agnes Sowle ������������������������� Chapter 7 and 13 Treasurer ��������������������������������������� Peter H. Glade Independent Past President ��� Paralegal Svcs. Robert J. Neuberger Call today! Directors ��������������������������� 503-228-0316 [email protected] W. Todd Cleek ������������������ YLS President ����������������������������� Your complete satisfaction is Lori E. Deveny our business! ABA Delegate �������������������������� www.bkprep4you.com Jeffrey S. Matthews Kathryn L. Villa-Smith Simeon D. Rapoport Helen T. Smith ������ ����������������������� Diana I. Stuart Michael H. Bloom ����������������� Thomas W. Brown �������������������� Nancie K. Potter ������������������������ Executive Director Judy A.C. Edwards Director, Member Services ������������������������������������������������ Guy Walden ������������������������������ ��������������������� Director, Events and Programs Kathy Maloney Administrator, Member Services and Events ����������������������������������������������� Noëlle Saint-Cyr Administrator, Accounting and Office Renee “Max” Maxwell

Executive Assistant � ���������� Carol Hawkins ������������������������������ ������������������������������������������������������������������ ���������������������� THE MULTNOMAH LAWYER � is published 11 times per year by the Multnomah Bar Association, ����������������������������� 620 SW Fifth Ave. Ste. 1220, ���������������������������������������� Portland, OR 97204 ����������������������������� ������������������������������������ 503.222.3275 ������������������������������ ���������������� An annual subscription is ����������������������� � ���������������������� included in member dues or � ����������������������������������� may be purchased for $20. ����������� ������������������������������������� Letters, award and news items, ����������������������������������������������� and announcements are wel- � �������������������������� come. Articles by members are � ���������������������� accepted. All submissions may � ���������������������������������� be edited for length, clarity and � ��������������������������� style, are published on a space ������������ � �������������������������������� available basis, and at the editor’s ������������������� discretion. Views expressed in ��������������������������������������� ����������������������������� articles represent the authors’ � ������������������������������ opinion, not necessarily the � �������������������� MBA’s. The publication does not purport to offer legal advice. Advertising is accepted; ����������������� advertisers(ments) are not ���������������������������������������������� necessarily endorsed by the MBA. � ������������������������ ������������������������ The editor reserves the right to ������������������� ������������������������� reject any advertisement. � ����������������������������� DEADLINE for copy: The 10th of the ������������������� month* � �������������������������� DEADLINE for ads: The 12th of the ��������������������������� month* �������������������������� *or the preceding Friday, if on a weekend. � ���������������������������� NEWSLETTER STAFF CONTACTS ��������� Display Advertisment: Renee “Max” Maxwell ���� ������� ������� �� �� Copy and Classified Advertisement: � � Carol Hawkins ������������ Design: Cyrano Marketing Solutions ������������������������������������������������������ ��������������������������������������������� www.mbabar.org

Copyright Multnomah Bar Association 2005 2 3 M u L T N o M A H LAWYER M A R C H 2 0 0 5

BOARD OF DIRECTORS NEW ON THE SHELF CALENDAR By Jacque Jurkins, Multnomah County Law Librarian. For a longer version of the MBA calendar, please visit www.mbabar.org. MBA Board of Directors President Sylvia E. Stevens OREGON UNIFORM CONSUMER ARBITRATION Carolyn L. Carter. Published 11 CRIMINAL JURY AGREEMENTS: Enforceability by the National Consumer Law March Monday, YLS CLE - Commercial President-Elect INSTRUCTIONS, 2004 and other topics 4th ed. by F. Paul Center, 2004. (KF 1040 C62) Litigation Series continues Kelly T. Hagan Supplement prepared by the Bland. Published by the National 1 See insert or register at www.mbabar.org. Secretary Oregon State Bar Committee on Consumer Law Center, 2004. (KF CONSUMER BANKRUPTCY Tuesday, MBA Board meeting Agnes Sowle Uniform Jury Instructions, William 1040C62) LAW AND PRACTICE, 7th ed. A. Meyer, Chair, including 37 by Henry J. Sommer. Published 8 12 Treasurer Tuesday, YLS Board meeting Tuesday, YLS Board meeting Peter H. Glade new instructions, and 14 revised THE LAWYER’S GUIDE TO by the National Consumer Law instructions. Published by the OSB, STRATEGIC PLANNING: Center, 2004. (KF 1040 C62) Past President 2004 (*KF O7O74) Defining, setting, and achieving 9 14 Wednesday, MBA CLE – Land Thursday, MBA CLE – Clark Robert J. Neuberger your firm’s goals by omas C. ACCESS TO UTILITY Use Landmines and Real Estate County Practice and Procedure Directors COMMERCIAL CRIME Grella and Michael L. Hudkins. SERVICES: Regulated, Sinkholes See insert or register at POLICY 2d ed. co-edited by Published by the ABA Law deregulated and unregulated Register at www.mbabar.org. www.mbabar.org. W. Todd Cleek Randall I. Marmor and John J. Practice Management Section, utilities, deliverable fuels, and YLS President Atomaine. Published by the ABA 2004. (KF 300 G76) telecommunications, 3d ed. by 10 18 Lori E. Deveny Tort Trial and Insurance Practice Charles Harak and Olivia Bae Thursday, Multnomah Lawyer Monday, YLS CLE - Commercial ABA Delegate Section, 2005. (KF 1225 C65) THE PATENT GUIDEBOOK Wein. Published by the National deadline Litigation Series continues by John T. Pienkos. Published by Consumer Law Center, 2004. (KF See insert or register at Jeffrey S. Matthews CYBERCRIME: e the ABA Section of Business Law, 1040 C62) Thursday, Pro Bono Fair www.mbabar.org. See Announcements for details. Kathryn L. Villa-Smith investigation, prosecution and 2004. (KF 3114.6 P54) 19 defense of a computer-related AMERICAN JOBS CREATION 11 Tuesday, MBA CLE – Voir Dire: Simeon D. Rapoport crime edited by Ralph D. Clifford. SINCLAIR ON FEDERAL ACT OF 2004: Law, explanation, Friday, OCDLA Post Conviction Do You Know Who is in the Helen T. Smith Published by the Academic Pr, CIVIL PRACTICE, 4th ed. by and analysis. Published by Relief Seminar Jury Box? 2001. (KF 390.5 C6 C92) Kent Sinclair. Published by the Commerce Clearing House, Visit www.ocdla.org for details. See insert or register at Diana I. Stuart Practising Law Institute, 2004 2004. (Tax KF 6276.57 2004 A54) www.mbabar.org. INTERNATIONAL GUIDE (KF 8870 S56) 12 Michael H. Bloom TO CYBER SECURITY edited WORKING FAMILIES TAX Saturday, OCDLA Forensics 21 by Jody R. Westby. Published LEGAL GUIDE TO MICRO- RELIEF ACT OF 2004: Law, Seminar YLS Drop In Social with Judges Thomas W. Brown Visit www.ocdla.org for details. by the ABA Section of Science ENTERPRISE DEVELOPMENT explanation, and analysis. Nancie K. Potter 25 and Technology Law, Privacy & by Susan R. Jones. Published by Published by Commerce Clearing 21 Monday, YLS CLE - Commercial Executive Director Computer Crime Committee, the ABA Section of Business Law, House, 2004. (Tax LF 6276.57 Monday, YLS CLE - Commercial Litigation Series continues Judy A.C. Edwards 2004. (KF 390.5 C6 I5) 2004. (KF 1659 J66) 2004 W67a) Litigation Series begins See insert or register at See insert or register at www.mbabar.org. Director, Member Services ANNOTATED MODEL CODE THE ABC’s OF THE UCC: WORKING FAMILIES TAX www.mbabar.org. Guy Walden OF JUDICIAL CONDUCT. Article 3, Negotiable instruments. RELIEF ACT OF 2004 h.r. April 25 – May 6 Published by the ABA Center for Article 4: Bank deposits and 1308: Text of H.R. 1308, as 24 Monday-Friday, CourtCare Director, Events and Programs Campaign: A Jungle Gym in the Kathy Maloney Professional Responsibility, Judicial collections, 2d ed. by Stephen passes by the House and the Thursday, YLS Drop In Social See details on p. 10. Jungle Division, 2004. (KF 8779 A96) C. Veltri. Published by the ABA Senate on September 23, 2004. Administrator, Member See p. 5 for details. Services and Events Section of Business Law, 2004. Conference Report as released on 28 Noëlle Saint-Cyr ADR HANDBOOK FOR (KF 912.5 A1A23) September 23, 2004. Published by Monday, YLS CLE - Commercial 26 JUDGES, edited by Donna Commerce clearing House, 2004. Litigation Series continues Tuesday, MBA CLE – Advanced Administrator, Accounting and Real Estate Transactions: The Office Stienstra and Susan M. Yates. UNFAIR AND DECEPTIVE (Tax KF 6276.57 2004 W67) See insert or register at Published by the ABA Section of ACTS AND PRACTICES, 6th www.mbabar.org. New Oregon Opinion Letter Renee “Max” Maxwell Accord Dispute Resolution, 2004. (KF ed. by Jonathan Sheldon and See insert or register at Executive Assistant 9084 A92) 30 Carol Hawkins Wednesday, MBA CLE – New www.mbabar.org. Residential Construction THE MULTNOMAH LAWYER Defects: Scraping off the Mold 28 is published 11 times per year by the See insert or register at Thursday, MBA CLE – Full Court Multnomah Bar Association, www.mbabar.org. Press: Advice on Dealing with the Media 620 SW Fifth Ave. Ste. 1220, See insert or register at Portland, OR 97204 31 Thursday, MBA CLE – Direct and www.mbabar.org. 503.222.3275 Cross Examination: Keeping it An annual subscription is Simple and Getting it Right included in member dues or See insert or register at May may be purchased for $20. www.mbabar.org. 2 Letters, award and news items, Monday, YLS CLE – Commercial and announcements are wel- Litigation Series continues come. Articles by members are April See insert or register at accepted. All submissions may www.mbabar.org. be edited for length, clarity and 4 style, are published on a space Monday, YLS CLE - Commercial 3 Litigation Series continues available basis, and at the editor’s Tuesday, MBA Board meeting See insert or register at discretion. Views expressed in www.mbabar.org. Tuesday, MBA CLE – Current articles represent the authors’ Developments in Small opinion, not necessarily the 5 Business Tax MBA’s. The publication does not Tuesday, MBA Board meeting See insert or register at purport to offer legal advice. www.mbabar.org. 6 Advertising is accepted; Wednesday, MBA CLE – 5 advertisers(ments) are not Multnomah County Judges Trial Thursday, MBA CLE – Annual necessarily endorsed by the MBA. Practices Probate and Guardianship The editor reserves the right to See insert or register at Update reject any advertisement. www.mbabar.org. See insert or register at www.mbabar.org. DEADLINE for copy: The 10th of the 8 month* Friday, Multnomah Lawyer 9 DEADLINE for ads: The 12th of the deadline Monday, YLS CLE - Commercial month* Litigation Series ends *or the preceding Friday, if on a weekend. See insert or register at www.mbabar.org. NEWSLETTER STAFF CONTACTS Display Advertisment: Renee “Max” Maxwell Copy and Classified Advertisement: Carol Hawkins Design: Cyrano Marketing Solutions www.mbabar.org

Copyright Multnomah Bar Association 2005 2 3 M u L T N o M A H LAWYER M A R C H 2 0 0 5

Ethics Focus By Mark Fucile, Stoel Rives. ANNOUNCEMENTS

MBA Judicial Feedback reception, followed by an awards Visit http://www.ocdla.org/ The New Rules: e Board and Court Liaison ceremony. To register for the CLE seminars.html for information. Committee request member courses, email Diane Campbell at What’s Inside the input about this program. Please [email protected]. All events are FBA April 6 Annual Judges see the details on p. 9. free of charge, and there is no need Appreciation Dinner Box? to register for the reception. is year, the Federal Bar CourtCare Fundraising Association’s Annual Judges Part 4 - Campaign MBA Bicycle Rides Appreciation Dinner will honor e 2005 CourtCare Campaign: Noontime bicycle rides – short the district’s bankruptcy judges. Multijurisdictional A Jungle Gym in the Jungle, is and fast, with hills. Meet at the Most of the bankruptcy judges just around the corner. is year, corner of Yamhill and Broadway - as well as many other federal Practice it runs from April 25-May 6. e between noon and 12:10 p.m. judges - will be attending. campaign will soon be calling Mondays and ursdays. Contact Retired Judge Polly Higdon and on you for donations. Please Ray omas at 503.228.5222 with attorney Ward Greene will be consider giving generously to questions, or meet at the start. making remarks honoring the In this final installment of Montalbano, Condon & Frank, this worthy cause. More details bankruptcy judges. Please mark our look at the new rules, P.C. v. Superior Court, 17 Cal are available on p. 5. Post Conviction and Forensics your calendar for Wednesday, we’ll examine the new 4th 119, 949 P2d 1, 70 Cal Rptr Seminars Slated April 6, 5:30 p.m. at the Hilton multijurisdictional practice 2d 304 (1998), and effectively Pro Bono Fair Oregon Criminal Defense Hotel in downtown Portland. rule. e old rule on licensing denied over $one-million in fees e OSB New Lawyers Division Lawyers Association (OCDLA) To register or purchase a was DR 3-101. It prohibited to a New York law firm because and the MBA Young Lawyers holds a half-day seminar on table sponsorship, please call the unauthorized practice of its lawyers providing services Section present a Pro Bono Fair post-conviction relief on Friday, Jean Crown at Stoel Rives, law by both non-lawyers and to a California client were not on ursday, March 10 at the March 11 and a one-day forensics 503.294.9692 or email at lawyers who were not licensed licensed there. In the wake of downtown Marriott. ere are seminar on Saturday, March 12 [email protected]. here or otherwise specially Birbrower, the ABA appointed a two CLE courses provided and a at the Valley River Inn in Eugene. admitted. e new rule is RPC special commission to examine 5.5. It retains the prohibitions multijurisdictional practice against unauthorized practice issues and eventually adopted found in DR 3-101. RPC 5.5 a temporary practice rule that then authorizes several specific became the model for Oregon The Fine Print By Jonathan Fine, Miller Nash. categories of temporary practice RPC 5.5 and similar regulations here by out-of-state lawyers. nationwide. Too Much Such getting out of the ox’s way Fowler’s advice applies doubly Before we turn to the specifics, Oregon’s version creates A Fine Print reader writes: was a more pressing concern. to the unfortunate construction let’s start with a little history six categories of authorized “I have a question about the Ayres’s protest stalled, and the that has so distressed our reader: for context. Lawyers have been multijurisdictional practice. use of ‘as such’ in contexts scorned usage - which was, as such. is is not an inherently traveling across jurisdictional like this one: Betsy rear- in fact, already a few hundred bad phrase. When it has a clear boundaries for a long time. First, out-of-state lawyers are ended Pat’s car. As such, Betsy years old - became standard. antecedent, in fact, it’s a perfectly Litigators, for example, have allowed to handle a matter here was negligent. I can’t stand good one. For example: Bill will long been able to get temporarily in association with an Oregon- this usage, but I don’t know Such has plenty of good uses. soon be a senator. As such, he’ll admitted in another state to licensed lawyer. For example, a why. Can you tell me whether As a demonstrative adjective, have many new responsibilities. handle an individual case under Washington lawyer from a firm’s this usage is proper, or in the for example, such is a fine word (e antecedent of such is pro hac vice rules. More recently, Seattle office can assist on a matter alternative give me some well- when referring to a previously senator.) Alas, this usage is many states - including Oregon its Portland office is handling. grounded ammunition to buttress mentioned category of people or somewhat exotic, rarely seen - have adopted varying reciprocal my disdain for the phrase?” things. For example, a sentence outside of reference books. admission rules to accommodate Second, out-of-state lawyers are about breach-of-contract claims Misuses, on the other hand, lawyers who routinely practice in permitted to work on matters Reader, I’ll do more than give you can be followed by examples of are all too common. Fowler more than one jurisdiction. But, here if they have been admitted ammunition - I’ll join you in the such claims. But such should not offered this example:ere is lawyers who only occasionally pro hac vice or expect to be so trenches. Be cautioned, though: be used in place of the, this, that, no objection to the sale of houses handled matters in other states once the case is filed. is covers picking a fight withsuch is these, or those. If a specific claim as such. “As such,” he wrote, and who didn’t have the pro not only traditional pro hac vice somewhat risky, as Alfred Ayres is mentioned in one sentence, it “is liable to be used in curious hac vice mechanism available to admission, but also work such as learned long ago. In his 1881 should be referred to in the next ways, so curious sometimes that authorize their presence were in investigations before a case is filed. book e Verbalist, Ayres railed as that claim, not such claim. e the writer’s meaning can only somewhat of a limbo. Most oen it against an idiomatic usage of contracts that your clients faxed to be guessed...[C]ontext suggests was business lawyers who were in ird, out-of-state lawyers are such, citing this sentence: I have you were signed by those clients, that the writer meant there was another state handling a transaction authorized to handle arbitrations never before seen such a large not such clients. Try to be aware of no objection in principle to the for a “home state” client. Even and mediations here that are ox. The proper construction, when you’re using such because sale of houses; if so he chose an litigators, though, ran into this related to their “home state” and Ayres insisted, was so large it is the right word, and when absurd way of saying it.” Fowler, problem when a case was being for which formal pro hac vice an ox. But his colleagues were you’re using it as “merely a starchy supra, at 603. arbitrated rather than handled in rules do not exist. For example, a generally indifferent on the substitute.” H. W. Fowler, Modern court because many states don’t Seattle lawyer could arbitrate or matter, having concluded that English Usage at 602 (2d ed 1965). Cont. on p. 6 have pro hac vice rules beyond mediate a case in Portland for a formal judicial proceedings. Washington client. Sixth, out-of-state lawyers who Although virtually all states Fourth, out-of-state lawyers are are authorized to practice here have regulations or statutes permitted to handle matters here by federal law may do so. For preventing the unauthorized that are related to their “home example, a military lawyer from �������������� practice of law, the risk to state” practice. To continue Fort Lewis could handle a court- ���������������������������������������������� lawyers wasn’t typically from our Seattle lawyer example, the martial here. ��������������� ���������������������������������� regulatory authorities. Rather, lawyer could negotiate a business it came from their own clients, transaction in Portland for a When it adopted the RPCs, the �������������������������������� who, disappointed with the result Washington client. Supreme Court limited the new in a matter, might argue that multijurisdictional practice they had no duty to pay their Fih, out-of-state corporate rules to a three-year trial period. lawyers because the lawyers were counsel are allowed to provide Unless extended by further order engaged in the unauthorized temporary services here to of the court, they will sunset practice of law by providing the their corporate employers. is at the end of 2007. Given the services involved in a jurisdiction provision supplements Oregon’s nature of practice today and the ��� in which the lawyers weren’t in-house counsel admission rule frequency with which lawyers licensed. Sound far-fetched? by allowing temporary practice cross interstate borders in both Many lawyers thought so until here by in-house lawyers. For directions, these very practical ������������������������������������������������������������������ the California Supreme Court example, a Seattle-based in-house rules will hopefully have proven voided a fee agreement on lawyer could handle a matter for their merit to the court long exactly that theory in Birbrower, the company’s Portland office. before then.

4 5 M u L T N o M A H LAWYER M A R C H 2 0 0 5

2005 CourtCare Campaign A Jungle Gym in the Jungle (April 25-May 6)

e second annual spring CourtCare Campaign and Susan Marmaduke, JoLynne Tennyson, Monica Molina of campaign to raise operating fundraising committee members Zimmerman, Marshal Spector, VOA Oregon, Jose Cienfuegos funds for Multnomah include co-founders Robin Selig Jeff Schick, Dana Sullivan, John and Judy Edwards. CourtCare will be held April and Mary Louise McClintock Connors, e Hon. Katherine 25 – May 6. Once again, Mike Greene, Rosenthal & Greene and Jeff Matthews, Yates Matthews & Assoc. are generously donating their time to co-chair the fundraising campaign. e 2005 campaign goal is $85,000 for the 2005-2006 operating year.

Firms will compete for awards ������������������������� acknowledging the largest total contributions, CourtCare ������������������������������������������������������������� Proudest Pride, and largest per ������������������������ capita contributions, CourtCare Loiest Leap. Last year’s awards ���������������������������������� �������������������������������������������������� the Volunteers of America Oregon went to Davis Wright Tremaine ��������������������������������������������������������������������� (VOA), MBA, Oregon Judicial with a total contribution of Department and Multnomah ����������������������������������������������������������������������������� $7,500 and Williams Love County. It aims to provide a ��������������������������������������� et al with $173 per capita in compassionate way to protect contributions. All firms that young children from unpleasant ����������������� contribute will be recognized in courtroom situations. ������������������������������������������������������������������������������� the Multnomah Lawyer. ������������������������������������������������������������������������������ A converted Multnomah County Individual donors giving $500 ���������������������������������������������������������������������������� Courthouse jury room serves as a or more will be designated ��������������������������������������������������������������������� fully-staffed and certified drop-in CourtCare Lions and those childcare center for children and giving $150-499 will receive the ����������������� infants. CourtCare offers games, CourtCare Tiger designation. All toys, art supplies, and books for up ��������������������������������������������������������������������������������������� individuals donating $150 and to 100 children a month in a safe ��������������������������������������������������������������������������������� above will be recognized in the and nurturing place to play while ������������������������������������������������������������������������������������ Multnomah Lawyer and at the parents or guardians tend to court culminating event celebration. ����������������������������������������������������������������������������� business. Since opening its doors in 2001, over 3,500 children ages Multnomah CourtCare is a ���������������������������������������������������� six weeks to five years have visited collaborative project between ������������������������������������������������������������������������������� the daycare center.

������������������������������ ����������������������������������

���� ������������������������������������������������ ���� ��������� ������ ��� ���������� ���� ����������� ��������

�������������������������������������������������������� �����������������������������������������������

������������������������������������������ ������������������� ��������� ��������� �������� ������ ������������ ���� ������������ ���������������������������������

������������������������������������������������������������������������ �������������������� ������������ 4 5 M u L T N o M A H LAWYER M A R C H 2 0 0 5 From the Executive Director Mentor Program By Judy A. C. Edwards, Executive Director.

annually contribute $25,000 Key messages: Kicks Off each, for a total of $50,000 in § e cornerstone of our e 2005 Mentor Program public funds. e balance must democracy is a legal kickoff reception was held on be raised in donations from law system that considers January 24 at the Fih Avenue firms, organizations, individuals everyone equal under the Suites Hotel. e program, and foundations. law, regardless of income, which is in its 13th year, pairs race or beliefs. experienced lawyers with We don’t do litigation, why should § Fair and equal protection MBA Young Lawyers Section we donate? for all citizens requires members. Mentors assist with You have clients who may a judicial system that is general procedural practice find themselves involved in impartial and free from issues, particularly with ethics courtroom litigation and having external influence. and professionalism questions, children in the courtroom § Like all public service, and situational advice about the disrupts court business. Plus, we fire, police and 100th Anniversary Update practice of law. Mentors and all need to promote reasonable education, the survival A Century of Service mentees are encouraged to meet Mentor Lori Deveny with her access to justice and smooth of our judicial system mentee Joshua Shulman at least monthly during the six- Planning is well underway for the courthouse operations. requires adequate public month term of the program. ey MBA’s 100th anniversary. irty- funding. are also encouraged to attend a Phillip E. Grillo one people serve on at least one Multnomah CourtCare is operated § Our local court facilities special CLE program organized Jan Kitchel of the six committees. If you are by Volunteers of America Oregon, must safely accommodate by the MBA, and attend at least Frank Lagesen interested in participating, either which is a charitable non- the rising demand for the one MBA function together. Frederick Lenzser by being on a committee or profit, with 501(c)3 status. All services provided by our Linda Love simply helping out with research contributions are tax deductible as judicial system. A special “thank you” to those Alan McCollom or planning, please give me a call a charitable donation. who are donating their time to Hollis McMilan at 503.222.3275. How can you help spread the word? mentor a young lawyer this year Gregory Mowe Public Outreach Update When you speak with clients, Ellen Bachman Karen O’Connor e U.S. District Court Historical e goal of this program is friends, relatives, neighbors and Cynthia Barrett Katherine O’Neil Society recorded oral histories of a to increase awareness and colleagues at civic, community or Carol J. Bernick Turid L. Owren long list of Oregon lawyers and the understanding of the importance charitable organizations, share the Patrick M. Birmingham Ruth Pekelder 100th Anniversary History Sub- of a fair and impartial judicial key messages with them. Weave Lane Borg Mark A. Porter Committee is looking for assistance system, its impact on our daily lives them into a 30 minute elevator Steve Brischetto Nancie K. Potter from law firms to transcribe a and its value to the community. conversation. And, consider Gregory W. Byrne JoAnn B. Reynolds lawyer’s set of tapes. Lane Powell MBA representatives have volunteering to write articles Ann Chapman Lois Rosenbaum and Schwabe Williamson & Wyatt introduced our key messages to on practice areas of interest to John J. Connors Diana I. Stuart have already stepped forward and have met with four editors business groups. Please contact William Conwell Walter H. Sweek – please consider volunteering to and reporters at e Oregonian, me for more information. Dianne K. Dailey Stuart I. Teicher do one set. Contact either Don two editors at Oregon Business Lori E. Deveny omas H. Tongue Marmaduke at 503.802.2003 or me. magazine, the managing editor at MBA Web site Jeffrey Druckman Karen M. Vickers e Business Journal, the publisher If you haven’t gone to the MBA Michael Dwyer Kathryn L. Villa-Smith 2005 CourtCare Campaign and editor at the Daily Journal of Web site in the last six months, Richard M. Glick Mark R. Wada e second annual spring Commerce and representatives of you’ve missed a lot of information. campaign to raise operating the Portland Business Alliance Both the maneuvering and funds for Multnomah CourtCare and Metro Business Association. content of the site have greatly will be April 25 – May 6. Once We also continue to support the improved. Past newsletters and again, Mike Greene, Rosenthal & Judicial Outreach Committee with other popular publications are Greene and Jeff Matthews, Yates their legislative open houses and now available for download, the Mathews & Assoc. are generously speakers bureau. calendar is updated frequently donating their time to co-chair and it includes major events of the fundraising campaign. e Objectives: other law-related organizations as 2005 campaign goal is $85,000 Create understanding of the well as upcoming CLE seminars. for the 2005-2006 operating year. rule of law as the cornerstone e newest feature is the MBA Please see details on p. 5. of our legal system and of Membership Directory. Please the importance of a fair and check out your listing to see e daycare’s current annual impartial judiciary to support it. if our information is current. operating budget is $125,000. Increase understanding of the Future phases to expand the Because parents are not charged need for adequate resources for directory information, including for the child care, the program the judicial system. photos, are in the planning. YLS Board member Tamara Russell and mentee Charles Curtin with his is entirely dependent on public Increase awareness of the need mentor Mark Wada funds and private donations. to maintain safe and up-to- Multnomah County and the date court facilities. Oregon Judicial Department

The Fine Print SUSAN K. EGGUM, P.C. Cont. from p. 4 ATTORNEYS AT LAW Finally, we come to our reader’s specific grievance: the jargony use Is pleased to announce that of as such to mean “thus” or “therefore.” e car won’t start. As such, we’ll have to take the bus. I love you. As such, let’s get married. Remember: Catherine D. Lawson such needs a clear antecedent in this context. Once you have typed the letters s-u-c-h, a tension is created that can be resolved only by linking such has joined the Firm as an Associate with a word that came before it. Look again at our reader’s example: Betsy and rear-ended Pat’s car. As such, Betsy was negligent. Here, such has nothing to link to. Avoiding this mistake in your own writing is easy enough; making Stephen D. Leggatt others do the same is another challenge entirely. But such is life. has become Of Counsel to the Firm. Jonathan Fine is a legal editor at Miller Nash. He welcomes your questions, comments, and suggestions for future columns. Please send them to [email protected]. Susan K. Eggum, P.C. will continue to emphasize employment litigation, construction defect litigation, and the defense of legal malpractice litigation

621 SW Alder, Suite 600 Portland, Oregon 97205 503-228-9607 www.eggum.com

6 7 M u L T N o M A H LAWYER M A R C H 2 0 0 5

GARVEY SCHUBERT BARER Attorneys Richard Baroway, Stephen J. Connolly and Eric A. AROUND THE BAR Lindenauer have been elected to serve as the management committee of the firm’s Portland TONKON TORP and entities at odds with the practice. Philip S. Van Der Weele office. Connolly andKeith S. e firm has awarded Lewis authorities at all levels of state was elected to a three-year term as Dubanevich continue their & Clark Law School student and federal courts. a member of the firm’s executive positions on GSB’s firm-wide Phaedra Gutowski with its committee. Van Der Weele is a executive committee. annual Moe M. Tonkon and business litigator with extensive Frederick Torp Scholarship. experience in both antitrust and Robert C. Weaver will continue trade regulation matters. to serve as chair of the firm’s Aer earning a Masters Degree Portland litigation group and in engineering from Michigan Larry J. Brant will maintain his Margaret Van Valkenburg State University and working in position as chair of the firm’s prosthetic design, Gutowski saw Portland business group. BATEMAN SEIDEL ET AL first-hand how hard designers Randy Bateman, Steve Seidel, worked to improve the quality Brant has also been appointed to Greg Miner, Doug Blomgren, of life of prosthesis patients and the University Club of Portland Mike Chellis, Chresten Gram, the difficulty of protecting their membership committee for 2005. Stan Samuels, Kathleen Sieler, original ideas. Chris Campbell and John “Tre” Baroway’s practice focuses Kennedy moved their practices “I felt compelled to try to make on nonprofit and tax-exempt to a new law firm. e new the system better,” said Gutowski, organizations, commercial firm will emphasize real estate, “and as a lawyer I hope I can do Carol McCoog and real estate. Connolly’s affordable housing, business, tax just that. Winning the Tonkon practice is business, corporate and litigation. Bateman, Seidel, Torp scholarship is a great honor and real estate. Lindenauer’s Miner, Blomgren, Chellis and and will help me to achieve my practice is concentrated in Gram are shareholders of the goal of becoming an intellectual Bruce Rubin litigation, healthcare and labor firm. Samuels joins the firm as Of property lawyer.” & employment. Dubanevich’s Counsel. e firm address is 888 MILLER NASH focus is litigation, healthcare SW 5th Ave Ste 1150, Portland Bruce Rubin, a partner of e firm established the Tonkon and antitrust. Weaver’s practice OR 97204. Phone number is the firm, has been appointed scholarship in 1987 in memory centers on business litigation and 503.972.9920 and fax number as a member to the Steering of Moe Tonkon, who died in white-collar criminal defense. is 503.972.9921. Web site is Committee for the Judicial 1984 at the age of 78. Tonkon Brant’s practice is focused on www.batemanseidel.com. Independence Index Project. is was an alumnus of Lewis & taxation, business and mergers committee is part of the Judicial Clark Law School and received and acquisitions. ATER WYNNE Division’s Standing Committee numerous awards for his civic Ernest Bootsma is a new partner on Judicial Independence of and professional activities. DUNN CARNEY in the firms emerging business the ABA. He also serves as a In December 2003, the firm Partner Jack Hoffman has been and intellectual property group. member on the ABA’s Task enhanced the scholarship to elected chair of the METRO He represents emerging growth Ann L. Sherman Force on the Judiciary and also honor Frederick Torp, who Policy Advisory Committee and public and private companies co-chair of the Legal Ethics died that year at the age of 89. (MPAC) for 2005. Hoffman, a in mergers and acquisitions, Subcommittee of the ABA A leading tax and corporate Lake Oswego City Councilor, formation, financing, corporate Litigation Section Committee attorney, Torp joined Tonkon and has been a member or alternate governance, intellectual property on Corporate Counsel. Rubin six others in forming the firm in member of MPAC for five years. and transactional matters. represents clients in litigation 1974. He earned his L.L.B. from Hoffman is a litigator and land involving shareholder, real Columbia University Law School. use attorney at Dunn Carney. Wallace Glausi is also a new estate, employment, ERISA, partner in the emerging business insurance, securities, and Brent Renison has been elected Todd Cleek has been elected and corporate finance groups general commercial law. Rubin to join the firm’s partnership. to a three-year term on the and counsels emerging growth serves as the pro bono practice His practice focuses on U.S. Board of Directors for Mount companies, as well as investment coordinator at Miller Nash. immigration law on behalf of Hood Habitat for Humanity. funds, on issues related to individual and business clients Cleek’s practice focuses on formation, financing, growth, MARGER JOHNSON & throughout the world. estate planning and business portfolio investments and MCCOLLOM transactions. liquidity. He provides strategic Graciela Cowger, a shareholder Twelve firm partners were counsel on positioning, business Philip S. Van Der Weele with the intellectual property law recognized in Woodward/ model and revenue generation firm, has been named president White Inc.’s e Best Lawyers in issues, mergers and acquisitions, PRESTON GATES & ELLIS of the Oregon Patent Law America® 2005-2006: Brian G. tax planning and transactional e firm has namedCarol Association for 2005. matters. Booth, Ronald L. Greenman, McCoog a new partner in the George C. Spencer, Kenneth public and tax credit finance Brian Forrest, whose practice D. Stephens, Bruce G. Berning, Alice Cuprill-Comas has been practice of the Portland office. focuses on patent preparation, Carol Dey Hibbs, Albert N. named partner in the firm’s Her practice focuses on assisting prosecution and licensing, and Kennedy, William F. Martson corporate finance and emerging in financing for public entities James Hilsenteger, who has been Jr., Turid L. Owren, Michael M. business groups. She focuses on including cities, counties, school promoted from patent agent Morgan, Joseph S. Voboril and corporate finance, securities, and districts, fire districts, urban are new associates of the firm. John H. Rosenfeld. mergers and acquisitions. renewal agencies and state e new patent agent is Brian agencies. Ann L. Sherman and Wichener. ALLEMAN HALL ET AL SCHWABE, WILLIAMSON & Harvey P. Spigal have been WYATT Mark Alleman, Christopher elected office managing partners. LANE POWELL Julie Zola, director of client omas S. Smith Tuttle, Matthew Hall, Anna Spigal and Sherman will replace Robert E. Maloney, partner at relations and marketing for McCoy and John Russell Timothy J. Sercombe, who is the firm, has been appointed DAVIS WRIGHT TREMAINE the firm, was elected to the announce the formation of their stepping down aer serving as chairman of the presidential omas S. Smith has joined board of the Legal Marketing new firm, which specializes in in the position for four years. advisory council for the College Davis Wright Tremaine as Of Association’s Seattle Chapter, patent, trademark, and copyright Sherman is a partner in the firm’s of Arts and Sciences at the Counsel, where his practice will whose membership spans the prosecution, licensing, and public and tax credit finance University of Portland. focus on commercial real estate enforcement. ey are located Northwest. Zola has 15 years group. Spigal, a member of and general business matters. of experience leading strategic in the historic Jackson Tower. the firm’s energy and utilities GEVURTZ MENASHE marketing efforts in legal, Further details about the five group, has a practice focused Of the ten family law attorneys BULLIVANT HOUSER BAILEY telecommunications and real founding members can be found on transactional matters such from Oregon included in the New firm shareholderMargaret estate industries. She serves on at www.ahmrt.com. as power resource development, 2005-06 Best Lawyers in America, Van Valkenburg concentrates the MBA’s Communications Task facility purchases and sales, three are with Gevurtz Menashe. her practice exclusively on the Force and on the Oregon Public power purchases and sales, and Albert A. Menashe, Eric C. resolution of insurance coverage Broadcasting Business Partner transmission, power scheduling, Larson, and William J. Howe issues. She has experience Steering Committee. and power system reliability III, all shareholders with the handling first and third-party agreements. Sercombe, a firm, were chosen by their peers coverage issues, surety claims RANSOM BLACKMAN member of the firm’s appellate, to be included in the recently and environmental matters. Kendra Matthews has become constitutional and governmental released book. a partner in the firm, where she practice group, resumes full-time will continue to focus on the work in his growing municipal, representation of individuals public utility and litigation

6 7 M u L T N o M A H LAWYER M A R C H 2 0 0 5 Tips from the Bench By Judge John A. Wittmayer, Multnomah County Circuit Court.

ADR for civil cases Multnomah County Supplementary Local Rule 7.075(2) requires that the parties...”sign and file, within 270 days from the filing of the first complaint or petition in the person needs to be transported. action, a certificate...indicating To do this, he/she must be on that the parties have participated the sheriff’s “transport list.” Call in...ADR….”As a case ages, your judge’s judicial assistant to Presiding Judge Dale Koch will get this done - and the earlier you not set-over a trial date that puts call, the more apt it is to get done the new trial date over a year in time. By Candace Weatherby, Mitchell Lang & Smith and Court Liaison Committee. aer the case is filed unless the Presiding Court Update parties have complied with this It takes a court order for the fact another lawyer is designated email. e subcommittee met rule. Please note that SLR 7.75(2) sheriff to allow your in-custody Judge Kimberly Frankel as “trial attorney” aer the and defined some minimum requires that the certificate must person to change from jail submitted her resignation, initial pleading is filed does not requirements that such an say that you “have” (past tense) clothes to regular attire for court. effective February 28. mean that lawyer will receive electronic notice system should participated in ADR. is does Just present a “clothing order” notices from the court, as the have, including: that each law not mean that you are planning to your judge ex parte the day Multnomah County OJIN system allows for only one firm designate a particular person to do it, or that you have before you need the person in Supplemental Local Rules, lawyer per party. erefore, it is and/or mailbox within the firm discussed it. Tip: Do not file your court. Take the signed “clothing effective February 1, can be necessary for lawyers to keep the to receive notices; that attorneys ADR certificate until ADR has order” and the clothes to the jail found on the court’s Web site, court advised (via a substitution) be able to update the email actually occurred. facility in the courthouse and the www.ojd.state.or.us/mul (in any time there is a change of address; and, that more than one sheriff will take care of the rest. Adobe format). e Multnomah counsel, even if it’s only within email address be permitted to Read the rules annually You are responsible for providing County Attorney Reference the attorney’s law firm. be active. Before finalizing the We have many layers of rules that the clothing. Manual was available as part system, the subcommittee will govern litigation: the Oregon of the materials for the MBA’s Jury Verdicts meet with court staff regarding Rules of Civil Procedure, the Exhibits - get them organized Presiding Court Criminal Court system capabilities and consult A program is being written which Uniform Trial Court Rules and the ahead of time Update CLE on February 17, with OTLA, OADC and the OSB would identify the date and amount Multnomah County Supplementary It is nothing new that judges and also will be available on the litigation section. of any judgment and the party to Local Rules. And these rules change want lawyers to pre-mark their court’s Web site. whom it was awarded. e first from time to time. exhibits before trial. You should Judicial Feedback run of the program showed less all be doing this. You should also Hearings on the next biennium’s than two percent of all civil cases e Judicial Feedback Program ere are amazing things in the show your exhibits to opposing judicial budget began February terminated in 2004 in Multnomah has produced only 13 responses rules - just waiting to be discovered counsel well in advance and 15. e Senate Judiciary County had a jury verdict. ere in the three years of its existence. and used by the lawyer who reads identify those exhibits about Committee visited Multnomah is some interest in creating a e MBA Board feels this the rules. You should read through which there are objections. County on January 28 and searchable database which would program offers a worthwhile them at least annually, just to received an extensive report from allow attorneys to go to OJIN to service to attorneys and to the refresh your recollection and to ere is no reason to establish the three metro area presiding determine verdict ranges for types court, but would like to hear discover changes. a foundation making an exhibit judges. e MBA hosted a lunch of cases. However, the clerks who from MBA members as to how it admissible if there is not going for the committee members and code the case types are limited to could become more helpful. Is your client or witness in the to be an objection to the exhibit. the three presiding judges. what appears in the case caption. If custody of the sheriff? It is a waste of time for all of attorneys are more specific about e updated Judicial Practices It is not unusual in criminal us. Exhibits about which there Judge Koch advised that the what is inserted in that caption Survey will be available at the cases for litigants or witnesses will be no objection can then Gresham courthouse facility (“personal injury – auto” rather April 6 Multnomah County to be in custody. e DDAs and be received into evidence on was on track and could open as than the generic “complaint for Judges Trial Practices CLE. the criminal defense lawyers stipulation at the beginning of early as the end of 2007. It will damages”), the system will be able routinely deal with getting these the trial. We can then spend our contain four courtrooms and the to produce better information. CourtCare people to the courtroom, and time on issues about which there Multnomah County Sheriff’s office Judge LaMar is also working on dressed in non-jail clothes, if may be some controversy. headquarters. Depending upon e CourtCare Program is this issue. Eventually, it’s hoped it necessary. But it happens in civil location, the new building may proving very useful. A fundraiser can be implemented statewide. cases, too. And the civil bar is not And while you are talking to each also contain the Gresham Police was held in February at Valley used to handling this. Tip: when other to identify which exhibits Department’s West Precinct. Lanes. Another of the CourtCare Email Notice of Court Events this happens in your case, call a can be admitted on stipulation, you needs that was discussed is for criminal defense lawyer and find can make sure you are not both Judge Koch reminded attorneys Michael Merchant reported clean children’s clothes, so that out how to accomplish it. going to be offering the exact same that the lawyer who signs the for the subcommittee assigned those caring for the children document. is happens a lot in initial civil pleading is considered to evaluate a new feature in can change those who have had Because the sheriff does not family law trials, when both sides the counsel of record for a case, OJIN; a system to notify lawyers “accidents” and send them home house many prisoners here in offer the income tax returns and unless changed by a pleading. e of scheduled case events via in clean clothes. the courthouse, your in-custody other financial documents.

Renewing Your Membership? MBA Board of Directors Don’t Forget VLP…. Slate Announced e MBA thanks the following members, who gave more than the $20 “check off” suggested donation The MBA Nominating Committee announces the slate of new to the Volunteer Lawyers’ Project (VLP). directors for the term of July 1, 2005 – June 30, 2009.

Judith Armatta J. Michael Dwyer, Dwyer & Miller Cynthia Barrett Christine M. Meadows, Jordan Schrader Please remember to look for the check off box David A. Ernst, Bullivant Houser Bailey on your membership renewal form, and be as generous as possible when donating to VLP. Watch for ballots in the April issue of the Multnomah Lawyer.

8 9 M u L T N o M A H LAWYER M A R C H 2 0 0 5 Profile: Presiding Judge Landau Oregon Court of Appeals By Tom Cleary, Multnomah County DA’s office and Court Liaison Committee.

He moved all over the country Wanting to take on a new Belloni’s famous Indian treaty 1990, Frohnmayer appointed him as a child, attending more than challenge, Judge Landau entered fishing rights decisions,” Judge to be Oregon’s Deputy Attorney 20 schools before graduating law school at Lewis & Clark. Landau explains. “I had hoped General, a position he also served from Franklin High and making He enjoyed his law school that he didn’t know anything under Attorney General Charles Oregon his home. Presiding experience, especially classes about the article but, much to Crookham. In December 1992, Judge Jack Landau of the Oregon in environmental law and - he my chagrin, I saw that he had Governor Court of Appeals brings to the notes with some hesitation - legal a copy of it right on his desk. I appointed Judge Landau to the bench a strong work ethic that he research and writing. He was figured I was toast at that point.” Court of Appeals. Judge Jack Landau developed from his experiences Editor-in-Chief of the law review What followed was a “spirited” as a young man. and while a student published discussion of the case. Much When asked what makes a writing nothing but dissents.” He several articles on environmental to Judge Landau’s surprise, at good appellate judge, Judge also said that a good appellate Attending Lewis & Clark College, and natural resources law. the end of the discussion, Judge Landau replied that, first and judge must have a “passion for he obtained undergraduate Belloni said that he had enjoyed foremost, the judge must be the law” and must love to write. degrees in history and Upon graduation, Judge Landau the experience so much that fair and impartial. “e Court Judge Landau says that one of the psychology. In the process, he followed his interest in teaching he wanted to offer Landau the of Appeals,” he noted, “is not things he enjoys most about his developed a passion for learning and writing and accepted a job. Judge Landau says that he a good place for anyone with job is writing his own opinions that over the course of his career position as a legal writing thoroughly enjoyed working an agenda.” In addition, he and that one of his goals is that would bring him back to the instructor at the law school. It for Judge Belloni for two years suggested that the judge must “whether or not you agree with it, classroom, both as a student was during that year of teaching and that working for the judge be prepared to work extremely you only have to read the opinion and as a teacher. Aer college, that Judge Landau developed caused him to dream of someday hard and, in particular, to read a once to understand it.” Judge Landau took time off to an interest in clerking for a becoming a judge himself. lot of briefs. Judge Landau said indulge another passion - music. judge. “Actually, it wasn’t my that, in his 12 years on the bench, In the meantime, Judge Landau He played guitar in a bluegrass idea. e director of student Judge Landau joined the firm of he has read a stack of briefs has not lost his passion for band and indicates that the group employment, whose office was Lindsay Hart, where he practiced more than 20 stories tall. He learning or teaching. Despite met with some success, in that right next to mine, pretty much in both the trial and the appellate said that it also is indispensable his busy schedule at the Court they actually “had some paid insisted that I apply for a federal courts. He spent six and one- to be collegial. According to of Appeals, he returned to the gigs.” “Don’t be too impressed, court clerkship.” at led to half years with the firm and Judge Landau, “appellate courts classroom to obtain an advanced though,” he cautions. “Sometimes an interview with U.S. District ultimately became a partner. In work in panels. So you must law degree from the University we played for audiences of six Court Judge Robert Belloni. 1989, then-Attorney General be able to get along well with of Virginia. And, for the past 13 people, and that was counting It proved an uncomfortable Dave Frohnmayer hired him to your colleagues, even in the years, he has been sharing his our girlfriends.” interview. “One of the case notes lead a Special Litigation Unit face of vigorous disagreement. knowledge and experience as a that I had published the previous within the Trial Division of the Otherwise,” he explained, “you’ll visiting professor at Willamette year was fairly critical of Judge Oregon Department of Justice. In end up spending all your time University College of Law. Give “Credit” Where “Credit” is Due: Include Pro Bono Contributions When Measuring Lawyer Billings By Greg Dallaire and Cinda Fernald. Feedback Needed for Judicial Feedback Program Originally published in March/ firm has given credit toward the system translates each lawyer’s By eresa L. (Terry) Wright, Lewis & Clark Legal Clinic and April 2000 Issue of What’s New in chargeable hour goal for hours public service hours into billings at Court Liaison Committee. Law Firm Pro Bono. Greg Dallaire worked on pro bono matters, up his or her standard rate and treats was Managing Director of Garvey to 10% of a lawyer’s chargeable those billings as cash receipts. For approximately three years, result of the low usage, the Schubert Barer when the article hour goal. For example, a full- the MBA has sponsored a committee is considering originally appeared and has since time associate with a goal of When our Associate Committee judicial feedback process, a recommending to the MBA retired. Cinda Fernald, now the 1800 chargeable hours receives reviews production data for method by which attorneys Board of Directors that this firm’s Executive Director, provided chargeable hour credit for her purposes of setting associate can give anonymous feedback program be discontinued. substantial assistance in preparing first 180 hours of public service. bonuses, the members do to judges in front of whom the Before doing so, the committee this article. not know what portion of an attorneys appear. e feedback and board would like feedback Until 1985 our policy went no associate’s chargeable hours were process begins with the from members as to why In this column of the November/ further. Because pro bono work devoted to public service. ere attorney completing a form more lawyers are not availing December 1988 issue of What’s did not result in billings, lawyers is no differentiation between provided by the MBA and themselves of the program, New in Law Firm Pro Bono, Scott who undertook pro bono matters an associate who worked 180 posted on the MBA’s Web site what suggestions Bar members Oostdyk of McGuire, Woods, Battle had to work more hours to meet hours on a political asylum case (go to News and scroll down have for increasing program & Booth (Richmond, Virginia) their billing goals than lawyers who and billed 1620 hours to paying to the second paragraph). e usage, and, ultimately, whether offered seven tips for promoting worked only for paying clients. clients and an associate who form is sent to the MBA, who the program should be pro bono work in private law billed out all 1800 hours. then passes it along to the discontinued. e committee firms. e tips were excellent and When I came to the firm in Presiding Judge, who provides is also interested in knowing comprehensive. I can think of only 1985 to become the firm’s chief e same is true when our it to the specific judge. e whether the new Oregon Rules one suggestion to add: give “credit” administrator, I convinced the Executive Committee reviews process is designed to be of Professional Conduct will for pro bono work. other members of the firm’s production data for purposes entirely anonymous, hence the have any impact on lawyers’ Executive Committee that giving of setting owner compensation. number of steps taken between use of the judicial feedback I am not referring to “credit” in the credit for hours, but not billings, Our standard reports do not completion of the form and its forms. (e new rules require sense of publicity within or outside did not truly create an incentive distinguish between cash receipts receipt by the named judge. a lawyer to report a judge who the firm, although such recognition to perform pro bono legal work. actually received from publicly may be violating the Oregon is certainly important to building a Unless we extended credit to held companies, for example, e Court Liaison Committee, Code of Judicial Conduct if the culture of commitment to pro bono billings, the firm’s policy of and “cash receipts” attributed to which originally developed the lawyer believes the misconduct work. I am referring instead to encouraging its lawyers to devote charitable organizations. program, regularly monitors raises questions about the giving “credit” in the various ways a 10% of their time to public the project. Recently, the judge’s fitness for office, 8.3(b).) law firm measures the production service was merely a statement, We understand, of course, that committee learned that of its lawyers – especially “credit” not a commitment. public service work doesn’t over the last three years, e committee is very toward billing goals. If this seems a pay the rent. In developing the approximately thirteen interested in the opinions of formidable task, consider my firm’s In putting this new approach in revenue side of our budget, forms have been returned, the Bar. Please help us out experience of the last 15 years. place, we customized our billing we make provisions for public despite extensive advertising by taking a few minutes to system to give billing credit for service in the same way we of the program. Obviously, tell us what you think. You Garvey, Schubert & Barer the hours spent on pro bono make provisions for pre-billing we have no way of knowing may send your comments to encourages each lawyer to legal work, up to 10% of the adjustments and write-offs. why there has been such a [email protected]. ank you devote 10% of his or her time chargeable hour goal. We have dearth of responses. As a in advance for your help. to pro bono legal work, with a customized two more systems By incorporating public service goal of devoting 5% of the firm’s since then, most recently the into our practice this way, pro overall resources to the public CMS Open billing soware. For bono legal work has truly become good. Since at least 1978, the every production report, our Cont. on p. 11

8 9 M u L T N o M A H LAWYER M A R C H 2 0 0 5

What Partners Want from Associates Second Part of a Series By Gregory C. MacCrone, Attorney at Law and YLS Secretary. Young “Making it Easy” are always available, even at the uncomfortable hour of five on a Situation: You have just exited Friday aernoon. Don’t make me a client meeting with your beg and grovel for your attention. Lawyers supervising attorney and the client. is is what [partners] do for clients, and associates do it for Question: What do you do now? partners. I need you to be available to give me a helping hand.” If you are an associate at Lane Section Powell with long-term intentions, e second way is to “assume your “To succeed in our firm, an you will return to your office supervising partner is overburdened associate must possess the ability and get to work on an “action by schedule and paperwork. Know to work independently without a list.” You will lay out the relevant that I have tight time frames, a ton great deal of supervision. While issues, map out a plan to attack of work, and may have misplaced we have an ‘open door’ policy Multnomah County them, suggest responsibility some of my materials. Stick your where an associate (or partner, for who will handle each issue head in my office and offer any for that matter) can drop by and and then get that list to your follow up you can.” seek advice or ask a question Animal Services and supervising attorney. of other attorneys, it is not our Horowitz makes clear the client is practice to engage in a lot of YLS Service to the Especially if that attorney is not the only object of our service hand-holding or to provide much Lewis Horowitz. profession; associates must tend in the way of structured training.” to their partners, too. In taking Public Committee Horowitz has practiced federal the initiative and allowing your is is not to say that partners By Leah Wade, Attorney at Law and YLS Service to the Public and state business tax law for supervising attorney this “wiggle do not want to be bothered Committee. more than 18 years, and he is room,” you act as his or her safety by inquiring associates. To actively involved in hiring and net. “By demonstrating these the contrary, Groce says, “A Did you ever wonder what hearings process when they step firing policies at Lane Powell. skills and helping me help the successful associate must also happens when an animal is into the roll of a judge. Hearings client, you show me that you possess the good judgment to reported as neglected or when officers do not issue a position “e associate who gets that won’t drop the ball,” he says. know when he or she needs to repeated complaints are made or decision for Multnomah list to me and then follows up a seek out the assistance of a more about a barking or loose dog? County; but are independent, short time later has just proved Ability to Work Independently… senior attorney in the office.” In Multnomah County, Animal impartial triers of fact, charged he is invaluable to me and the But Not Exclusively Services enforces the county with determining if the allegation client and has almost guaranteed Jonathan Norling of Lovinger code pertaining to the care and occurred. For the past 15 years, he will be in on every future Barry Groce emphasizes Norling Kaufmann LLP, an control of companion animals the YLS Service to the Public client meeting,” Horowitz stated. commercial leasing, contracts energy law boutique in the Lloyd through a notice and hearings Committee has coordinated and commercial litigation in his District, echoes this sentiment. process. Members of the MBA and administered the hearings ere are two ways, according practice. He has been a partner “ere is nothing worse than play an integral role in this officers for the county. e to Horowitz, to “making it easy” at McEwen Gisvold LLP for ten having an associate run off and process by acting as hearings committee recruits the hearings for the partner and, therefore, years and offered up the firm’s officers for the county. officers, schedules them for Cont. on p. 11 to the client. e first is being perspective on what it takes to be hearings and provides training available. “Some associates a successful associate. In a typical instance, a case and education. e MBA plays goes to hearing in the following an essential role for the county manner: an allegation of and allows the Animal Services violation is made by a citizen; employees to dedicate their Animal Services then investigates time and effort to other issues. the alleged violation. If their Currently, a proposed mediation YLS Board of Directors investigation provides sufficient option is being explored by the evidence, they issue a Notice of hearings officers and Animal Slate Announced Infraction (NOI), identifying the Services with the goal of infraction under Multnomah resolving cases that would benefit County Code. Multnomah from mediation. Cooperation The MBA YLS Executive Committee announces the slate of new directors County Animal Services issued between the MBA and the county for the term of July 1, 2005 – June 30, 2008. 3,240 notices of infraction in allows bar members to execute 2004. Aer an infraction is innovative programs and to serve John Belknap, Multnomah County Court issued the citizen can either pay their community. the fine or request a hearing Emily Nazarov, Markowitz Herbold Glade & Mehlhaf on an infraction. Hearings are For more information about held twice a month and are Multnomah County Animal Cally Warfield, Hoffman Hart & Wagner adjudicated by hearings officers. Services you can go to their Web site, http://www.co. Watch for ballots in the April issue of the Multnomah Lawyer. Every hearings officer must multnomah.or.us/dbcs/pets/ manage their hearings, or call them at 503.988.PETS determining whether an (7387). For more information infraction occurred, and make about the committee’s role in the findings of fact. All the hearings hearings process, you can contact officers are volunteer attorneys Leah Frances Wade at YLS Drop-in who donate their time, bringing [email protected]. Social years of experience to the

e January 20th YLS Drop-in Social at Echo Restaurant was Celebrate March Madness! quite a hit. Old and new faces showed up to mingle with fellow Meet other young lawyers! MBA young lawyers, drink fabulous vintage cocktails mixed The Multnomah Bar Association Young Lawyers by TK Krawczuk and eat superb Section Membership Committee is holding a Drop- appetizers created by Craig in Social at Champion Sports Bar (in the Portland Baker. TK and Craig are the Marriott Downtown, 1401 SW Naito Parkway) from spouses of Jennifer Baker and 5:30 to 7 p.m. on Thursday, March 24. Dana Krawczuk (Lewis & Clark Law School alumni). This is a casual get-together to enjoy some basketball and good conversation. If you have Dana Krawczuk, Jennifer Baker and Jennifer’s son Will at the January 20 questions or comments, please call Brenna YLS Drop-in Social. Tanzosh at 503.224.7077. We’ll see you there!

10 11 M u L T N o M A H LAWYER M A R C H 2 0 0 5

“Credit” Where It’s Due PRO BONO VOLUNTEERS Cont. from p. 9

anks to the following lawyers, who recently donated their part of our work as lawyers. It bono matters, including large in our public service program to a Pro Bono services via the Volunteer Lawyers Project, the is not something our lawyers cases and long-term projects. significant degree, devoted many Senior Law Project, Community Development Law Center, perform in addition to their hours to the project. law firm clinics, the Oregon Law Center, the Nonprofit § “real” work. e policy has appealed Project and Attorneys for Youth. To learn about pro bono greatly to law students, We enjoy a wide participation rate opportunities in Multnomah County, check out the Pro Bono Moreover, the policy gives our many of whom place greater among our litigators – including Opportunities Handbook available at www.mbabar.org/docs/ pro bono clients access to all emphasis on balancing work owners and Of Counsel as well ProBonoGuide.pdf. of the firm’s resources. Senior with family and community as associates – in a project lawyers contribute their special than their counterparts a with Multnomah County To volunteer, please call Maya Crawford at 503.224.4086. expertise. Appropriate tasks are generation ago. Legal Aid Service that involves delegated to paralegals. Our representing indigent victims of librarian offers her valuable A few examples of specific domestic violence in contested Cleve Abbe Matt Larson knowledge and efficiency. matters that we have handled in court hearings. Jason Ayres Sally Leisure recent years will illustrate these Richard Biggs Peter Livingston is policy has been in effect for points more effectively than e most senior and most junior Andrew Bobzien David Low 15 years – long enough that it general observations. litigators in our Portland office Carson Bowler Dave Malcolm would be a formidable challenge are collaborating on a precedent- Jeff Brecht Carol McCaulley to assemble “before” and “aer” We served as co-counsel with setting lawsuit with the Oregon statistics demonstrating its effect Columbia Legal Services in Advocacy Center and Legal Aid Brad Brown Tim McNeil on our lawyers’ involvement in planning and litigating a six- Services of Oregon. e plaintiffs Hon. Trish Brown Carl Neil pro bono legal work. However, year class action lawsuit filed are six developmentally disabled David Canary Robert Nelson a number of observations can on behalf of homeless children and mentally retarded citizens Howard Carsman Carol Noonan be made without the benefit of in Washington State. Our team who have languished for years Brett Carson Jennifer Oetter statistics: persuaded the trial court and the – one since 1983 – on waiting James Church Beverly Pearman § e policy allowed lawyers Washington State Supreme Court lists for residential services. who performed public that Washington’s Department e suit seeks to force the State Todd Cleek David Petersen service work under the of Social and Health Services of Oregon to comply with the Caroline Harris Crowne Michael Petersen old policy to continue had a duty to implement a requirements of the Medicaid Act, Penny Davis Raylynna Peterson their work without taking comprehensive plan for providing the Americans with Disabilities Kathryn Eaton Robyn Ridler a “hit” in their billing services to homeless children and Act, and other federal laws. Jeff Evans Shawn Ryan statistics as they approached to provide housing assistance in Tim Felling Robert Scherzer partnership and became cases where homelessness was a A law firm’s budget reflects its subject to our owner primary factor in the decision to priorities as well as the costs of Eric Friedman Andrew M. Schpak compensation system. place or keep a child in foster care. doing business. Billing credit Jon Fritzler Richard Slottee for pro bono legal work can David Gannett Ellyn Stier § e policy has encouraged a e Muckleshoot and Suquamish be incorporated into law firm Chip Gazzola Sandra Stone broader level of participation tribes sought our firm’s assistance economics along with firm Gene Grant Scott Strahm among our lawyers, from in structuring and documenting retreats, pre-billing adjustments, Amanda Hill Guldager Diana Stuart the most junior to very a complex settlement of a dispute holiday parties, insurance senior lawyers. regarding the construction of a premiums, and new computers. Kari Smith Haight Margaret Toole multi-million dollar marina. One Michael Hallinan Bruce Towsley § e policy has allowed us to of our most senior business lawyers, Janis Hardman John Tujo accept a wider range of pro who had not previously participated eressa Hollis Lee Tyler George Hoselton Evans Van Buren Celia Howes Richard Vangelisti What Partners Want Michael Jordan Bart Wachsteter Cont. from p. 10 Sam Justice Brian Wheeler Emily Karr Dennis Westlind research all of the wrong points In the alternative, the MBA YLS, Sarah H. Minifie, an attorney simply because he or she did not OSB New Lawyers Division, and and Boston-based attorney Jack Kennedy Mark Williams want to ask questions for fear of OTLA New Lawyers Section recruiter, writes in the Robert Kline Jr. Charlie Williamson looking stupid. e ability to be a (to name a few) have programs Massachusetts Lawyer Weekly, Karen Knauerhase Terry Wright self-starter,” Norling adds, “must designed to assist new lawyers in “Law practice is a service Elizabeth Lemoine be qualified by the associate not their transition from law school business in which you have two being afraid to ask questions.” to a successful legal career. ese sets of clients. e first is the programs pair young attorneys firm’s clients, and the second Groce concurs: “We want the with more experienced lawyers is the people you work for in personalities, be they your fellow - the professionalism and comity associate to complete the task in their local communities and the firm. Both should get the associates, reviewing partners, among colleagues - and personal in a reasonable amount of time. practice areas. e volunteer highest service.” or clients, will be crucial to your success will follow. If the associate goes down the lawyers answer questions and professional success.” wrong path in trying to complete give advice about the practical As Lane Powell’s Horowitz Next issue: Staying client-focused, the assignment, or spins their and substantive aspects of implied, it is exactly because the It’s not always easy, though. We being intellectually curious, and wheels trying to figure out what practicing law and can be an law is a service industry that were taught in law school to honing that “can-do” attitude. the senior attorney wants, this invaluable resource in your you must be willing to meet apply cool, dispassionate analysis ends up frustrating the associate career development. your clients’ needs by helping to solving a legal problem. Like and results in billable hours being out your colleagues when the language, so it is with the practice written off by the firm.” But be aware: though you must occasion arises. e motivated of law: we learn by imitation. be assertive in getting advice associate will seek out work Effective working relationships, WILLIAM F. SCHULTE e advice is relevant not just to – letting it be known what you no matter how busy he or she dissimilarly, involve something specific assignments but also to need to know – from mentors is, barring certain extremes. more than unemotional appraisal. Mediation a more general understanding of and picking their brain, you are Working late with (or for) Settlement Conferences your firm’s operating requirements advised to be sensitive to their an assigning partner without Since humans don’t always Reference Judge and expectations. One way to invariably busy schedules. complaint and doing the work comport themselves according to ensure your grasp of projects and in a competent manner will stare decisis, successful personal Bill Schulte is now focusing his practice on mediation, reference policies is to find someone who can For information on the MBA speak volumes on your behalf. interaction must include an judging and conducting settlement act as your mentor. mentor program, contact Kathy awareness of human concerns. conferences in family law matters. Maloney at the MBA. e importance of not If we are to succeed in our Bill has been an active litigator Whether your firm has a formal just getting along with relationships, we need to accept since 1966. He has been mentoring structure or you find Teamwork your coworkers, but also paradox and inconsistency recognized as one of the “Best Lawyers in America” since the such a person on your own, your setting yourself up to profit in others as a result of these first edition in 1983. Bill is a path to career satisfaction and Perhaps the single most significant professionally from them, feelings and emotions. In this member of the American success can more easily be blazed aspect of your early months and cannot be overemphasized. As sense, we must content ourselves Academy of Matrimonial Lawyers with someone you respect and years as an associate will be the Ramon A. Klitzke II at the 50- with something other than a and a frequent contributor to legal who is familiar with your firm’s working relationships you form. attorney Klarquist Sparkman, zero-sum mindset; dealings education programs. professional, procedural and e partners and senior associates LLP, intellectual property firm with colleagues should not be For scheduling or references: political workings. with whom you work will play a says, “Being able to adeptly confined to a win-lose model. (503) 223-4131 huge role in setting the professional handle and work with other Work on the relationships first FAX: (503) 223-1346 tone of your career. [email protected] 10 11 M u L T N o M A H LAWYER M A R C H 2 0 0 5 Endangered No More Legal Implications of Life after the List By Tim Sullivan, Schwabe, Williamson & Wyatt.

television and radio talk shows. In the case of salmon, the Clean federal ESA, they would remain deeper to determine the legal and One aspect of the ESA that has Water Act and Magnuson- endangered under the Oregon practical impacts of that decision. grabbed headlines recently is Stevens Fishery Conservation Endangered Species Act. To that To assume that removal from the process and consequences of and Management Act would end, the state’s Wolf Advisory the ESA list equals removal of taking species off the ESA’s list continue to apply, even aer Group has been working on a all federal and state regulation of threatened and endangered de-listing. e Clean Water plan “to ensure the long-term regarding these species is to take species, or “de-listing.” Whether Act would still require states to survival and conservation of a dangerous risk. Removal from by judicial fiat or through agency develop water quality standards gray wolves as required by the ESA list is not an automatic processes, de-listing decisions that protect salmon, and the Oregon law while minimizing license to parade about in a wolf seldom lack controversy. From Magnuson Act would still conflicts with humans, primary pelt, fashion a quill pen from a bald eagles to salmon to wolves, require federal agencies to land uses and other Oregon bald eagle feather, or cook up strong feelings pop up on all determine how their actions will wildlife.” If adopted, the plan a wild Oregon Coastal Coho sides of the issue. affect Essential Fish Habitat. will amend state law to enhance salmon on the grill. Individuals, resource management flexibility and the attorneys who represent However, what actually happens If the federal government ever to address conflicts related to them, need to be aware of the when a species is de-listed? What acts on the 1999 proposal to human-wolf interactions. panoply of laws that exist to The Endangered Species Act protections remain in place when de-list bald eagles, at least two protect species following de- (ESA) grabs more headlines a species is no longer considered federal laws would continue to When headlines announce a listing under the ESA. than nearly any other federal threatened or endangered under protect our national bird. Both de-listing, it is important to dig environmental law. Perhaps this the ESA? e answers to these the Migratory Bird Treaty Act is rightfully so. e U.S. Supreme questions depend, in part, on the and Bald and Golden Eagle Court has described the ESA species involved and where they Protection Act would continue as “the most comprehensive are found. to prohibit individuals from K. William Gibson legislation for the preservation of killing or possessing bald eagles, endangered species ever enacted First, no matter which species at least without a permit. Arbitration/Mediation Statewide by any nation.” is involved or where its habitat, the ESA continues to require the Finally, state endangered e Act prohibits any person U.S. Fish and Wildlife Service species laws may still apply. from killing, or even harming, and the National Oceanic and For instance, until recently, it an endangered species or Atmospheric Administration seemed likely that gray wolves significantly altering the habitat (NOAA) Fisheries to protect might lose their protected that the species requires for these species and take steps to status as a threatened species survival, and it imposes civil and ensure their continued recovery. under the ESA. A federal judge criminal penalties to enforce Specifically, the ESA requires in Portland ruled in February, these prohibitions. e federal these agencies to monitor the however, that the U.S. Fish and government must also ensure that species for at least five years Wildlife Service erred when its actions will not jeopardize the in order to assess its ability it downgraded the wolf from continued existence of any species to sustain itself without ESA endangered to threatened When you need someone to get to your office fast protected by the Act – an oen protections. If not, then it may status. us, de-listing of the …no matter where you are in the Northwest. expensive and lengthy process. return to the list. gray wolf seems like a more remote possibility than it did Available for single arbitrator court cases or panels. With supporters trumpeting Next, in some instances, other earlier this year. Personal injury, insurance disputes, contract its virtues and necessity, and federal laws will continue disputes, employment and business disputes. opponents decrying its regulatory to provide protection to de- Although it may not happen as heavy hand, strong opinions listed species. The level of soon as many expected, if gray Tel. 503-659-6187 Email [email protected] about the ESA show up regularly this protection will vary from wolves are removed from the list in op-ed columns and on species to species. of species protected under the

��������������������� ����������������������������� ������������������ ����������������� ��������������������������������������� �������������������������������������� ������������������������������������� ���������������������������������� ������������������������������������������� ����������������������������������� ������������������������������������� ������������������������������������� �������������������������������������� ������������������������������������� ��������������������������������

������������������������������������������������������� �������������������������������� ������������������������������

�������� ������������ ����������� ����������� ����������������� ���������������������������� �������������� �������������� �������������� �������������� �������������� ������������ ������������������ ������������������������

12 13 M u L T N o M A H LAWYER M A R C H 2 0 0 5

Janis Sue Porter, Executive Director 1000 SW Broadway, Suite 1710 Portland, Oregon 97205 Phone (503) 223-2671 Email [email protected] vist us at our web site www.usam-oregon.com ______

PANEL E. Richard Bodyfelt John H. Holmes Katherine O’Neil Edward Brunet Thomas Howes William Replogle Ralph Cobb William King Joe Richards Thomas E Cooney Hon. James Ladley Hon. Betty Roberts Hon. Laurence Cushing Sidney Lezak Ken Shiroishi Allan deSchweinitz Norman Lindstedt Michael Silvey Barbara Diamond Noreen McGraw Hon. John Skimas Arnold Gray Frank Moscato Jeffrey Spere Douglas Green Luella Nelson Ralph Spooner Arlen Gregorio Marvin Nepom Hon. George Van Hoomissen Charles Holloway Daniel O’Leary Hon. Stephen Walker

Panel members will travel throughout Oregon and Southwest Washington

������� ������� ���������������������

�������������������� �����������������

 ����������������������� ����������������������������� ��������������������������

 ��������������������� ������������������� ���������������

������������ ����������������

������������������������

��������������� ��������������������

 Experienced, effective full-time neutral 

Active Private Judge Pro-Tem For 14 Years

American Arbitration Assoc. Arbitration Service of Portland NASD Mediator/Arbitrator Court-Mandated Cases PMAR Mediator State Agency Mediator Roster ADA Mediation Roster Better Business Bureau Direct Engagements

Phone: (503) 227-7357 Fax: (503) 697-9567 Email: [email protected]

12 13 M u L T N o M A H LAWYER M A R C H 2 0 0 5 CLASSIFIEDS Space attorneys to join the Insurance benefits, and the opportunity to and Professional Liability join a creative legal team. EOE. DOWNTOWN PORTLAND defense practice in its MORGAN BUILDING Portland office. This is an LANDERHOLM, MEMOVICH, Window offices available excellent opportunity to work LANSVERK & WHITESIDES, in well-appointed suite with one of Portland’s more P.S., ATTORNEYS AT LAW with five existing attorneys. seasoned and successful We are seeking two senior Congenial atmosphere. Share litigators. Candidates must business attorneys. The receptionist, conference have prior hands-on litigation first position is for a senior room, copier, fax and kitchen. experience in private law business attorney with at Space for secretary/legal firm setting, including trial least ten years of business assistant. Walking distance and deposition experience. experience, to manage client to courthouse. Call David at Must also possess proven relationships for small to 503.295.3025. analytical, writing and oral medium size companies, and communication skills. We are to assist in the representation TWO OFFICES AVAILABLE a dynamic, growing regional of financial institutions. In recently remodeled 1900’s law firm with a commitment to The second position is for vintage house in Lair Hill, just professionalism, client service a senior business attorney south of downtown. Share and collegiality. Qualified with at least five years of space with three experienced candidates should email business experience to plaintiff’s attorneys and one resume and cover letter to manage projects for small business and real estate Jerry Lidz at jerome.s.lidz@ to medium size companies. transaction attorney. Small harrang.com or send to 360 E Ideal candidates will have a basement office, 9 x 12, $300 10th Ave Ste 300, Eugene OR strong desire to excel and per month; medium second 97401. EOE. be committed to community floor office, 11 x 15, $500 involvement. The Landerholm per month. Receptionist, fax, BLACK HELTERLINE LLP Law Firm is a 16-attorney firm copier, conference room, An established 27-attorney with a sophisticated business law library, kitchen, parking Portland business law firm practice. From our offices included. Contact Chuck at is seeking an associate in Vancouver, Washington, 503.222.3529 or Dave at attorney with two-four years we serve clients in both 503.227.1690. of experience in corporate/ Southwest Washington and LLC, tax, commercial and Northern Oregon. Established JOHNS LANDING 14’x14’ securities law. Must have in 1948, the firm represents EXECUTIVE OFFICE strong academic credentials, clients in a diverse cross $1,100 month includes private experience or background section of industries. Please patio, view of the west hills, in business transactions, correspond in confidence ���������� secretarial workstation, excellent writing and to Rhonda Kates, Director library conference room, communication skills, and of Operations at rhonda.k ������������������ fitness center, and free the initiative and inclination [email protected], or ������������� parking. Class A riverfront to develop own work. The call 360.816.2451 (direct) or building. Share space with ideal candidate will possess 360.816.2452 (fax) to either ������������������ three established lawyers. a business perspective, with obtain a copy of the position ����������� Possible overflow. Call Rick the ability to independently job description or to transmit 503.226.3221. draft complex agreements. your cover letter and resume. Membership in Oregon Bar We are an Equal Opportunity CONGENIAL GROUP OF required and Washington Employer and we would like TEMPORARY & PERMANENT PLACEMENT BEAVERTON ATTORNEYS Bar desired. Black to hear from you. Looking for one or two Helterline offers competitive LEGAL NORTHWEST attorneys to share space. compensation and benefits Services Great location, ample and sophisticated practice parking, receptionist and two opportunity. Please submit CONTRACT ATTORNEY STAFFING SPECIALISTS conference rooms. Rod or resumes in confidence to Kara Seventeen years’ civil John at 503.644.2146. Jordan, Firm Administrator, litigation experience. Black Helterline LLP, 805 SW Research, pleadings, motions Broadway Ste 1900, Portland and trial prep. Portland area Positions OR 97205 or [email protected]. office. PLF insured. Lisa Day Available Equal Opportunity Employer. 503.722.9040. ���������������� Visit our Web site at www.bhlaw.com. CONTRACT ATTORNEY ���������������� LITIGATION ASSOCIATE ��������������� POSITION Experienced attorney A-rated, nine-attorney SEATTLE LAW FIRM available for motions, briefs, ����������������������� firm seeks civil litigation SEEKS CONSTRUCTION trials, and project work. ���������������������� associate with a minimum ATTORNEY Practice areas include civil of three years’ experience. Short Cressman & Burgess litigation, products liability, Strong academic credentials is seeking an experienced real estate, and probate. attorney for its Construction WA/OR Bar Associations. required. Admission to OVER 300 LAW FIRMS RELY ON US practice in Oregon is required. Industry Practice Section. Vernon Finley 206.856.6842 Admission in Washington Candidates should be [email protected]. STAFFING PARTNER TO THE is a plus. Primary areas of energetic, highly-motivated practice are personal injury team players ready to assume ATTENTION, defense, construction defect, responsibility for excellent OVERWORKING professional liability and service to clients in a well- ATTORNEYS commercial litigation. Salary respected mid-size firm. Contract attorney drafts DOE. Health insurance, Candidates should have at your pleadings, motions, 401(k), and on-site parking least five years of experience responses, legal research, provided. Please email or in construction litigation in trial prep. Over 15 years’ send resume and references a private law firm setting. experience, over 600 projects of 5-25 PCs. MG Consulting CLE credits (2 Diversity, 1.5 to: Susan E. Chaffee, Excellent writing and verbal fed and state. Excellent Inc, www.mgc-inc.com, Ethics). Advanced Workplace [email protected], skills and a demonstrated references. Katherine Foldes 503.579.2031. Mediation, October 27-28, Kilmer Voorhees & Laurick, desire to succeed are [email protected] or 2005. Trainers: Mary C. Forst, 732 NW 19th Ave, Portland essential. Send resumes to: 503.641.7010. CONTINUING LEGAL JD, and Laurel Singer, MS, OR 97209. Lateral Hiring Committee, EDUCATION - MEDIATION LPC. Confluence Center 999 Third Ave, Ste 3000, COMPUTER EXPERTS FOR TRAINING for Mediation & Training BasicPlus Mediation Skills, - Mary Forst Associates. LITIGATION ASSOCIATE Seattle WA 98104, or email ATTORNEYS Harrang Long Gary Rudnick [email protected]. All inquires Onsite computer service since May 11-12-13, 16-17, 2005, 503.243.2290, http://www. P.C. seeks two experienced will be kept confidential. We 1995. Specializing in networks approved in the past for 36 ConfluenceCenter.com. (three+ year) associate offer competitive salaries and

14 15 ����������������

M u L T N o M A H LAWYER M A R C H 2 0 0 5

�������������� ���������� � �������� ������������������� � ������������������ �������������� ������������������������������������������������ � � ����������������� ����������������������������������������� ����������� �������������������������������������� ���������������������������������������� ��������� ����� ����������������������������������������������� ��������������������� ����������������� ������������������������������� ��������� �������������������������������������������������������� ������������������������������������������������������������������� ������������������������������������� ��������������������������������������������� ��� ��������������������������������������� ��������������� ��������������������������������� ������������������ ������������������������������������� �������� ������������������� ���������������������� ������������� ������������������������������ ��������� �����������������������������

 ���������������������������������������������  ����������� ������ ������������������ ���������������������������������������������� ������������������������������������������ �������  ������������������������������� ��� ��������������������������������������������  ����������� ������������������������������� ��������� ���� �������� ������������������������������ ���������������������������� ��������������������������������������� ������������������������ ���������  �������������������� ��������������������� ��� ���������������������� ��������������  ����������������������������������������� ������������������������������������� �������������������������������������� ��������������������������������� ����������� � � � �  �������������������������� �������������  �������������������� ������������ ����������������������������

 ����������������������������� ����������  ��������������� ������������������������ ��������������������������� ������������������

��������������������������������������� ��������� � ����������� ������������������������������������� � ���������� ������������������������������������������������������������������ � ��������� � ��������� ������������������������ ������������������������������� ���������������� ���������������������������������������� ����� �������� ���� � ������� ������ ��������������������������� ������������

������� ������������� � ��������� �� ����� ��� ��������������������� ���������������������� ����������������������

TIME OUT when you take time away from trialTI preparation,ME Oyou UexpectT ! that it won’t be wasted.

...WhenBANNON you take time MEDIATION, LLC away from503-382-0722 trial preparation, Experiencedyou expect in simple that and it wonʼt complex business, personal injurybe wasted. and employment cases. LAW OFFICE OF ALBERT J. BANNON BANNON MEDIATION, LLC EXPERIENCED IN simple & complex business, pepersonalrsonal iinjurynjury & eemploymentmployment ccases.ases. 503-382-0722

14 15 M u L T N o M A H LAWYER Dress for Success By Tiffany Minus-Martinez, Stahancyk, Gearing et al and YLS Service to the Public Committee.

Do you have suits in your and accessories. We are professional support and whether it be through sharing If you are interested in other closet that you never seem to currently looking for people mentoring. ere is a range their knowledge of the volunteer opportunities, wear? e YLS is planning who are willing to coordinate of volunteer opportunities legal system at a meeting or please contact Pamela Mason a clothing drive to benefit the collection of clothes and available, from dedicating providing pro bono work. of Dress for Success at Dress for Success as part of accessories within their firms. four hours a month to mentor 503.643.5936 or pamela. this May’s Community Law e donations would then be a woman in the program If you are interested in helping [email protected]. Week. Dress for Success picked up and delivered to to sponsoring a meal for coordinate clothing donations, is a group that helps low- Dress for Success. one of the group’s meetings. please contact Tiffany Minus- income women move into the Dress for Success welcomes Martinez of Stahancyk, workplace by providing them In addition to clothing, volunteers who are willing Gearing et al at 503.222.9115 with professional clothing Dress for Success provides to share their legal expertise, or [email protected].

������������������ ������������������������� ����������������� �� ����������������������������

��������������� ��������������������������������������� ����������������������������������������������������������� �������������������������������������

������������������������������������������������������������ ����������������������������������������������������������� ���������������������������������������������������������� ���������������������������������������������������������

���������������������������������������������������������� ����������� ���������������������������������������

��������������������������������������������������� ������������������������������ ���������������������������������

��������������� ���������������������� ��������������

����������������������������������������������� ��� ��������� ������������������������������������������������������� ����������������������������������������������������������������������������������������������������������������������������� ������ ���������������������������������������������������������������������������16